Agenda and draft minutes

Licensing Sub-Committee - Monday, 3 October 2022 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

LS/25

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Kevin Holmes be elected Chairman for the meeting.

 

LS/26

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

There were no apologies and there had been no change in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

 

LS/27

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interests were raised.

LS/28

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

 

LS/29

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman made introductions and read out the procedure for the meeting.

 

LS/30

Application for the Variation of a Premises Licence at 35 The Promenade, Arnside pdf icon PDF 512 KB

To consider an application for the variation of a Premises Licence at 35, The Promenade, Arnside.

Additional documents:

Minutes:

The Legal, Governance and Democracy Specialist (Solicitor) announced that the Licensing Specialist had, this morning, been made aware of further public representations received by the Council within the consultation period in relation to this application and that the Licensing team had not had the opportunity to consider if the representations were valid.

 

The Legal, Governance and Democracy Specialist (Solicitor) stated that the information had been uploaded to the Planning Portal and that the Licensing Team had not been made aware of the representations received. In light of the fact that those making representations had not been given the opportunity to attend nor were the representations included within the report to Members, the Legal, Governance and Democracy Specialist (Solicitor) advised Members that in the interests of fairness, they may wish to consider adjourning the meeting. The Legal, Governance and Democracy Specialist (Solicitor) advised that further investigation would be needed to check if any other representations had been received within the relevant period and to understand how the information had not been sent to the Licensing department.

 

The Applicant’s Representative expressed extreme disappointment and made objections to the potential adjournment of the meeting. The Applicant had placed personal plans on hold to accommodate the meeting and expressed concern at the large costs involved. Further delay would cost the Applicant more money and the Applicant explained that this was unacceptable.

 

The Applicant’s Representative requested Members propose a short adjournment to assess the number and content of the representations before making a decision to adjourn the meeting to a later date and suggested that, dependent on the content of the documents, Sub Committee Members may be minded to proceed today.

 

The Legal, Governance and Democracy Specialist (Solicitor) advised the Sub Committee Members that those who had made representations had not been afforded the opportunity to make their objections in person and that they had the right to be present, or be represented, at the meeting to provide verbal representation and to ask questions.

 

The Applicant’s Representative requested that officers clarify how many additional representations had been received in order for Members to make an informed decision if the meeting should proceed. The Applicant’s Representative queried why the representations had been missed.

 

The Legal, Governance and Democracy Specialist (Solicitor) explained the means by which the representations had been received and that further investigation would be carried out.

 

The Legal, Governance and Democracy Specialist (Solicitor) advised Members that the fairest course of action would be to adjourn the meeting to another date but that it was for Members to decide. This would provide those who had made representations the opportunity to attend, ask questions and be supported in participating fairly. The Legal, Governance and Democracy Specialist (Solicitor) reminded Members that interested parties have the right to attend and that they had not been offered this opportunity.

 

The Sub-Committee resolved to adjourn the meeting for thirty minutes in order that representations received could be located and copies made available to all those present at the meeting before  ...  view the full minutes text for item LS/30